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    Anaheim, California

    California Builders Right To Repair Current Law Summary:

    Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:

    Construction Expert Witness Contractors Licensing
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    Commercial and Residential Contractors License Required.

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501

    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355

    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535

    Construction Expert Witness News and Information
    For Anaheim California

    Additional Insured Is Covered Under On-Going Operations Endorsement Despite Subcontractor's Completion of Work

    Caterpillar Said to Be Focus of Senate Overseas Tax Probe

    Florida Former Public Works Director Fined for Ethics Violation

    Architectural Democracy – Interview with Pedro Aibéo

    BHA Attending the Construction Law Conference in San Antonio, TX

    Pay Loss Provision Does Not Preclude Assignment of Post-Loss Claim

    Mitsui Fudosan Said to Consider Rebuilding Tilted Apartments

    The Oregon Tort Claims Act (“OTCA”) Applies When a Duty Arises from Statute or Common Law and is Independent from The Terms of a Specific Contract. (OR)

    A Duty to Design and Maintain Reasonably Safe Roadways Extends to All Persons. (WA)

    Delaware State Court Holds that Defective Workmanship Claims do not Trigger Coverage by a Builder’s Commercial General Liability Policy

    Construction Law Client Alert: California Is One Step Closer to Prohibiting Type I Indemnity Agreements In Private Commercial Projects

    Before Celebrating the Market Rebound, Builders Need to Read the Fine Print: New Changes in Construction Law Coming Out of the Recession

    Building Permits Hit Five-Year High

    Sureties and Bond Producers May Be Liable For a Contractor’s False Claims Act Violations

    Construction Defects could become Issue in Governor’s Race

    Poor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of Limitations

    Municipalities Owe a Duty to Pedestrians Regardless of Whether a Sidewalk Presents an “Open and Obvious” Hazardous Condition. (WA)

    Like Water For Chocolate: Insurer Prevails Over Chocolatier In Hurricane Sandy Claim

    Ohio Court of Appeals: Absolution Pollution Exclusion Bars Coverage for Workplace Coal-Tar Pitch Exposure Claims

    Governor Ducey Vetoes Water and Development Bills

    No Coverage Under Ensuing Loss Provision

    New Orleans Is Auctioning Off Vacant Lots Online

    Construction Litigation Group Listed in U.S. News Top Tier

    Home Building on the Upswing in Bakersfield

    Client Alert: Catch Me If You Can – Giorgio Is No Gingerbread Man

    Modernist Houses Galore! [visual candy for architects]

    San Francisco House that Collapsed Not Built to Plan

    Nevada Provides Independant Counsel When Conflict Arises Between Insurer and Insured

    Just a House That Uses 90 Percent Less Energy Than Yours, That's All

    Court Rejects Anti-SLAPP Motion in Construction Defect Suit

    Construction of New U.S. Homes Declines on Plunge in South

    Taylor Morrison Home Corp’ New San Jose Development

    Save A Legal Fee? Sometimes You Better Talk With Your Construction Attorney

    BHA has a Nice Swing: Firm Supports Wounded Warrior Project at WCC Seminar

    A Compilation of Quirky Insurance Claims

    MGM Begins Dismantling of the Las Vegas Harmon Tower

    Expert Excluded After Never Viewing Damaged Property

    Engineer TRC Fends Off Lawsuits After Merger

    Improper Classification Under Davis Bacon Can Be Costly

    Montreal Bridge Builders Sue Canada Over New Restrictions

    A Bill for an Act Concerning Workers’ Compensation – 2014 Edition

    Court Says KBR Construction Costs in Iraq were Unreasonable

    Disjointed Proof of Loss Sufficient

    Weslaco, Texas Investigating Possible Fraudulent Contractor Invoices

    The Privilege Is All Mine: California Appellate Court Finds Law Firm Holds Attorney Work Product Privilege Applicable to Documents Created by Formerly Employed Attorney

    California Case Adds Difficulties for Contractors & Material Suppliers

    Home Buyer May Be Third Party Beneficiary of Property Policy

    Court Rules that Collapse Coverage for Damage Caused “Only By” Specified Perils Violates Efficient Proximate Cause Rule and is Unenforceable

    Construction Law Alert: Builder’s Alternative Pre-litigation Procedures Upheld Over Strong Opposition

    New York Restaurant and Bar Fire Caused by Electric Defect
    Corporate Profile


    Leveraging from approximately 5000 construction defect and claims related expert witness designations, the Anaheim, California Construction Expert Directory delivers a streamlined multi-disciplinary expert retention and support solution to construction claims professionals seeking effective resolution of construction defect and claims matters. BHA provides building claims investigation and expert services to the industry's most recognized construction attorneys, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Employing in house assets which comprise building envelope and design experts, forensic engineers, forensic architects, and construction cost and scheduling consultants, the firm brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California stucco expert witnessAnaheim California building code expert witnessAnaheim California expert witness commercial buildingsAnaheim California roofing and waterproofing expert witnessAnaheim California civil engineering expert witnessAnaheim California consulting engineersAnaheim California contractor expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Witt Named to 2017 Super Lawyers

    March 29, 2017 —
    The Witt Law Firm is proud to announce that Super Lawyers has recognized lawyer Jesse Howard Witt as Top Rated Construction Litigation Attorney in Boulder Colorado. Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. Reprinted courtesy of Jesse Howard Witt, Acerbic Witt Mr. Witt may be contacted at Read the full story... Read the court decision
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    Reprinted courtesy of

    San Francisco Sues Over Sinking Millennium Tower

    November 17, 2016 —
    Dennis Herrera, San Francisco’s city attorney, filed a lawsuit against the developer of the Millennium Tower, “for failing to inform buyers that it was sinking ‘much faster than expected,’” reported the New York Times. Mission Street Development sold more than 400 units in the skyscraper. “They went ahead and sold condominiums for a handsome profit without telling the buyers about the situation,” Mr. Herrera told the New York Times. “This is every homeowner’s worst nightmare.” The spokesman for the development, P.J. Johnson, stated that “the allegations by the city attorney had ‘no merit,’ and that the “building had sunk within ‘predicted, safe ranges’ during the entire sales process,” according to the New York Times. Furthermore, Johnson asserted that the problem derived from the nearby railroad station removing water from the ground, which “had caused the building to ‘settle beyond the 12 inches it was predicted to settle.’” Read the court decision
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    Reprinted courtesy of

    No Coverage for Co-Restaurant Owners Who Are Not Named In Policy

    August 24, 2017 —
    The Federal District Court denied two plaintiffs' claims for breach of the policy and for bad faith because they were not insureds under the policy. Tu v. Dongbu Ins. Co., 2017 U.S. Dist. LEXIS 115200 (N.D. Calif. July 24, 2017). Dongbu, a Hawaii insurance company, issued a two-year policy to Plaintiff Ken Tu for his business. He was the only named insured under the policy. The waste system at Plaintiffs' restaurant failed, causing fumes to impact neighboring tenants and waste to contaminate the underlying soil. Plaintiffs were forced to close the restaurant. A claim was tendered for damage and repair, loss of business income, and other insured losses. Dongbu denied coverage. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly - Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    Don’t Miss the 2015 West Coast Casualty Construction Defect Seminar

    April 01, 2015 —
    The 22nd West Coast Casualty (WCC) Construction Defect Seminar returning to the Disneyland Hotel in Anaheim, California is just six weeks away. The annual event begins on Thursday, May 14th, with breakfast and registration starting at 7:30am. Panel discussions on various construction defect related topics begin at 8:30am and continue through the morning and afternoon, followed by a cocktail reception in the early evening. The following day includes break-out sessions with the event concluding in the afternoon. Attendees can enhance their seminar experience with the WCC Construction Defect Seminar Mobile App. The event schedule, speaker information, product information, sponsor details, and interactive floorplan can all be accessed through the app. Furthermore, registered attendees will have access to session presentations. The discounted, early registration ends April 15th, 2015. Download an Invitation and Register for the Event... Read the court decision
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    Reprinted courtesy of

    Bank of America’s Countrywide Ordered to Pay $1.3 Billion

    July 30, 2014 —
    Bank of America Corp.’s Countrywide unit was ordered to pay $1.3 billion in penalties for defective mortgage loans it sold to Fannie Mae (FNMA) and Freddie Mac in the run-up to the 2008 financial crisis, a little more than half of what the U.S. had requested. U.S. District Judge Jed Rakoff in Manhattan issued the civil penalty against the Charlotte, North Carolina-based bank today in the first mortgage-fraud case brought by the federal government to go to trial. Countrywide and Rebecca Mairone, a former executive with the mortgage lender, were found liable in October for selling thousands of bad loans to the two government-sponsored enterprises. Mairone was ordered today to pay $1 million. Read the court decision
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    Reprinted courtesy of Patricia Hurtado, Bloomberg
    Ms. Hurtado may be contacted at

    A License to Sue: Appellate Court Upholds Condition of Statute that a Contracting Party Must Hold a Valid Contractor’s License to Pursue Action for Recovery of Payment for Contracting Services

    June 21, 2017 —
    California Business & Professions Code section 7031(a) requires a party to have contractor’s license in order to maintain an action for compensation for services performed for which a contractor’s license is needed. In Phoenix Mechanical Pipeline, Inc. v. Space Exploration Technologies Corp., No. B269186 (2017 WL 2544856) (Cal. Ct. App. June 13, 2017), the Court of Appeal for the Second Appellate District considered the scope of this statute in denying, in part, Phoenix Mechanical Pipeline, Inc.’s (“Phoenix Pipeline”) appeal of a trial court ruling granting Space Exploration Technologies Corporation’s (“SpaceX”) demurrer to Phoenix Pipeline’s second amended complaint, without leave to amend. Phoenix Pipeline filed the underlying lawsuit for, among other claims, breach of contract and breach of the duty of good faith and fair dealing arising from an agreement with SpaceX for Phoenix Pipeline to perform various plumbing, concrete removal and electrical services. Phoenix Pipeline alleged SpaceX paid for such services from 2010 to October 2013, but failed to pay Phoenix for services performed from October 2013 to August 2014, totaling just over $1,000,000. According to Phoenix Pipeline, this work was performed pursuant to a series of invoices, which constituted individual agreements between SpaceX and Phoenix Pipeline. Reprinted courtesy of Omar Parra, Haight Brown & Bonesteel LLP and Jesse M. Sullivan, Haight Brown & Bonesteel LLP Mr. Parra may be contacted at Mr. Sullivan may be contacted at Read the court decision
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    Pollution Created by Business Does Not Deprive Insured of Coverage

    November 26, 2014 —
    The federal district court determined that coverage was properly denied under the pollution exclusion of the policies. Headwaters Resources, Inc. v. Illinois Union Ins. Co., 2014 U.S. App. LEXIS 20060 (10th Cir. Oct. 20, 2014). Over 400 residents of Chesapeake, Virginia, filed two lawsuits against the insured, Headwaters, alleged property damage and bodily injury due to pollution generated in connection with the development of a golf course. The complaints alleged that between 2002 and 2007, the defendants used 1.5 million tons of toxic fly ash during construction of a golf course. The insured allegedly transported the fly ash to an open pit adjacent to residential neighborhoods. The chemicals from the fly ash leached into the ground water, damaging the private wells. The fly ash pit also released airborne contaminants that produced a strong smell of ammonia. As a result of the alleged contamination, the property values of plaintiffs' homes depreciated and members of the community faced increased risk of serious bodily injuries caused by exposure to the fly ash. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    San Francisco Museum Nears $610 Million Fundraising Goal

    June 26, 2014 —
    The biggest museum fundraising campaign in San Francisco history is nearing its $610 million goal two years before the opening of a new wing that will more than double the space for artworks by Andy Warhol, Mark Rothko and David Hockney. About $570 million, or 94 percent, has been raised by the San Francisco Museum of Modern Art for its 235,000-square-foot (21,800-square-meter) expansion and to add $245 million to the museum’s endowment. The $305 million wing designed by the Snohetta architecture firm is rising behind SFMOMA’s current home, opened two decades ago in the technology-heavy South of Market area, or SOMA. “In 1995, we were the pioneers when SOMA was pretty run-down, and the tech boom followed us,” Neal Benezra, the museum’s director, said June 20 in a presentation at Bloomberg LP’s San Francisco offices. “Our expansion will solidify the neighborhood as a cultural hub.” Read the court decision
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    Reprinted courtesy of Dan Levy, Bloomberg
    Mr. Levy may be contacted at